McCrary v. McCully
Superior Court of Pennsylvania
Appeal, No. 89, Oct. T., 1920, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1919, No. 2306, sustaining demurrer to plaintiff’s statement in case of'Sims McCrary v. John E. McCully, administrator of the goods and chattels of Annie Monroe, deceased, and Charles W. Slemmer, bailiff. Replevin for household goods.
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Appeal, No. 89, Oct. T., 1920, by plaintiff, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1919, No. 2306, sustaining demurrer to plaintiff’s statement in case of'Sims McCrary v. John E. McCully, administrator of the goods and chattels of Annie Monroe, deceased, and Charles W. Slemmer, bailiff. Replevin for household goods. Plaintiff’s amended statement averred not only the unlawful taking of his goods and chattels, as described in the writ, by the defendants, but also that he was the owner in fee of the premises in which they were located at the time of such taking, 1543 Thompson…
1Opinion of the Court
Opinion by
Keller, J.,
This was an action of replevin for goods seized under a distress for rent. Under the practice in force in such cases prior to the Replevin Act of April 19, 1901, P. L. 88, the plaintiff filed his narr. or declaration averring that defendants on a day named, took and unjustly detained certain of his goods and chattels, describing them. The landlord thereupon filed his avowry (and the bailiff his cognizance) justifying the taking as a distress for rent under a lease for the dwelling in which the goods were contained, setting forth its terms and the rent due and in arrear.…
2Cases cited2 opinions
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